Supreme Court grants bail to terminally ill undertrial on medical grounds
Supreme Court grants bail to terminally ill undertrial on medical grounds [Read order]
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 571 OF 2018 [ARISING OUT OF SPECIAL LEAVE PETITION (CRIMINAL) NO.2564 OF 2018] RAM GOPAL GOYAL ...APPELLANT(S) VERSUS CENTRAL BUREAU OF INVESTIGATION ...RESPONDENT(S) WITH CRIMINAL APPEAL NO(S). 572 OF 2018 [ARISING OUT OF SPECIAL LEAVE PETITION (CRIMINAL) NO.2561 OF 2018]
The Supreme Court recently granted bail to an ailing undertrial prisoner against whom charge sheet was filed under sections 420, 467, 468, 471 and 120B of the Indian Penal Code, 1860.
Before a bench of Justice Ranjan Gogoi and Justice R Banumathi was the case of a 77-year-old man who is unable to even do natural daily routine and is suffering from various ailments. The petitioner was represented by senior advocate Anjana Prakash and advocate Namit Saxena.
It was argued on behalf of the petitioner that a Constitution bench of the court has held that the right to die with dignity is a fundamental right [Common Cause vs. Union of India: WP Civil 215/2005] and the petitioner is in a coma-like state even That he is unable to even lift a pen, change position during sleep and even perform daily activities. It was urged that the petitioner should live his last few days with dignity and not in the disability ward of the jail.
The Supreme Court said that considering all the facts of the case that the Appellant is a 77-year-old man and is suffering from various ailments and also the fact that the trial may take some time, the Court is inclined to release the Appellant on bail. .
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